1. General information
The ownership of this website https://sotovelo.wine/ (hereinafter referred to as the Website) is held by: Themis Europe SL, with Tax Identification Number (NIF): B10985935 and registered at: CC Sotomarket 8, 11310 San Roque, whose contact telephone number is: 647567078 and email address is: sotovelo@sotovelo.wine
This document (along with other documents mentioned herein) regulates the conditions governing the use of this Website (https://sotovelo.wine/) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by Themis Europe through the Website includes: Sale of alcoholic beverages.
In addition to reading these Conditions, before accessing, browsing, and/or using this website, the user must have read the Legal Notice and the General Terms of Use, including the Cookie Policy, and the Privacy and Data Protection Policy of Themis Europe. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the user consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with all of this, you should not use this Website.
It is also informed that these Conditions may be modified. The user is responsible for consulting them each time they access, browse, and/or use the Website, as the applicable Conditions will be those in force at the time the purchase of products is requested.
For any questions that the user may have regarding the Conditions, they can contact the owner using the contact details provided above or, where applicable, using the contact form.
2. The user
Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, individually or collectively, as User), so all the Conditions established here are accepted from the moment the user starts browsing the Website, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as appropriate.
The User is responsible for using the Website correctly. This responsibility will extend to:
- Using this Website solely to make legally valid inquiries and purchases or acquisitions.
- Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and reported to the relevant authorities.
- Providing truthful and lawful contact details, for example, email address, postal address, and/or other data (see Legal Notice and General Terms of Use).
- The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
- The User may enter into, at their choice, with Themis Europe the purchase contract for the desired products in any of the languages in which these Conditions are available on this Website.
3. Purchase or acquisition process
Properly registered Users can make purchases on the Website using the established means and forms. They must follow the online purchase and/or acquisition procedure of https://sotovelo.wine, during which various products and/or services can be selected and added to the cart, basket, or final shopping space, and then click on “Buy.”
Likewise, the user must fill in and/or verify the information requested at each step, although, during the purchasing process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that Themis Europe has received their order or purchase request, i.e., the order confirmation. And, if applicable, the User will also be informed by email when their purchase is being shipped.
Once the purchase process is complete, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User may, if desired, obtain a paper copy of their invoice by requesting it from Themis Europe using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question, which are displayed alongside its presentation or image on the Website, indicating, by way of example but not exhaustively, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be performed and/or the cost of the services; and acknowledges that placing an order constitutes full and complete acceptance of the specific sales conditions applicable in each case.
The communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and kept in the computerized records of Themis Europe in order to constitute a means of proof of transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, particularly considering Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and the rights that Users have in accordance with the privacy policy of this Website.
4. Availability
All purchase orders received by Themis Europe through the Website are subject to the availability of the products and/or to no circumstance or force majeure (clause nine of these Conditions) affecting their supply. If there are difficulties in supplying products and/or providing services or if products are out of stock, Themis Europe undertakes to contact the User and refund any amount that may have been paid as payment. This will also apply in cases where the provision of a service becomes unfeasible.
5. Prices and payment
The prices displayed on the Website are final, in Euros (€), and include taxes, unless legally required, especially regarding VAT, where a different issue is indicated and applied.
Shipping costs will be specified when placing the order.
Shipping will be free for orders of 6 bottles or more.
Additional transportation costs incurred due to the declaration of an incorrect or incomplete address are the absolute responsibility of the user.
The most economical option for orders will always be to pick up in-store; if the User wishes to pick up the order themselves, they must contact the store to agree on a time.
Prices may change at any time, but possible changes will not affect orders or purchases for which an order confirmation has already been sent.
The accepted means of payment will be Visa, MasterCard, American Express, and Bizum.
To minimize the risk of unauthorized access, data entered by the User will be encrypted.
Cardholders will be subject to validation and authorization by the card issuer. If the card issuer does not authorize payment, Themis Europe will not be responsible for any delay or non-delivery and will not be able to formalize any Contract with the User.
6. Delivery
In cases where physical delivery of the contracted goods is necessary, deliveries will be made within the following territory: Spain (Peninsula). For Users residing in other areas (Balearic Islands, Ceuta, Melilla, and the Canary Islands) who are interested in any of the offered products, they must contact us beforehand.
Unless the User chooses the in-store pickup service, all orders placed within mainland Spain will be sent by courier, with an estimated delivery time of 48/72 hours. The delivery time is estimated, so the Owner declines all responsibility for any possible delays, which will in any case be promptly communicated to the User.
Deliveries are made on business days.
For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the moment when the User or a third party designated by the User acquires physical possession of the products, which will be evidenced by the signature of receipt of the order at the agreed delivery address.
The risks arising from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when Themis Europe receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the complete receipt of the amount subject to payment by Themis Europe.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery will be deemed located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally prevailing rate at any given time depending on the specific item in question.
7. Technical means to correct errors
Users are informed that in the event they detect an error when entering necessary data to process their purchase request on the Website, they may modify this information by contacting Themis Europe through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided in clause one (General Information). Likewise, this information may also be corrected by the User through their personal connection space on the Website.
In any case, before clicking on “Finalize,” Users have access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Users are also directed to consult the Legal Notice and General Conditions of Use, and specifically the Privacy Policy, to obtain more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
8. Returns
The User has a return period of 15 calendar days (except in cases of digital content) from the delivery date of the order to return a product they are not satisfied with and to opt for a refund of the amount paid. To exercise this right, the User must contact Themis Europe within the stipulated period through the contact spaces provided on the Website.
The User acknowledges that they will bear the direct cost of returning the product if they exercise their right of withdrawal.
Returns cannot be made for items without their original packaging or which have been used beyond simply opening them, items that by nature cannot be returned, and the provisions of Article 103 of Law 3/2014 of 27 March amending the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
9. Force majeure
Themis Europe will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by events outside its reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond Themis Europe’s reasonable control and includes, in particular (without limitation), the following:
- Strikes, lock-outs, or other industrial action;
- Civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations, or restrictions of any government.
10. Disclaimer of liability
Unless otherwise provided by law, Themis Europe shall not accept any liability for the following losses, regardless of their origin: any losses that were not attributable to any breach on its part; business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized between both parties.
Similarly, Themis Europe also limits its liability in the following cases:
- Themis Europe takes all measures to provide an accurate display of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution issues or problems with the browser used, among other similar issues.
- Themis Europe will act with the utmost diligence to make the product available to the transportation company responsible for fulfilling the purchase order. However, it is not responsible for damages arising from transport malfunctions, especially due to causes such as strikes, road blockages, and any other industry-related issues resulting in delays, losses, or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent normal operation of the internet service. Unavailability of the Website due to maintenance or other reasons that prevent access to the service. Themis Europe uses all available means to carry out the purchase, payment, and shipping/delivery process of the products; however, it is not liable for causes beyond its control, force majeure, or acts of God. Themis Europe is not responsible for the misuse and/or wear and tear of products used by the User. Similarly, Themis Europe is not responsible for incorrect returns made by the User. It is the User’s responsibility to return the correct product.
- In general, Themis Europe shall not be liable for any breach or delay in the fulfillment of any obligations assumed when such breach or delay is due to events beyond its reasonable control, including but not limited to: Strikes, lock-outs, or other industrial action.
11. Severability
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
12. Complaints, comments and suggestions
The User’s comments and suggestions are always welcome. Please send any feedback to sotovelo@sotovelo.wine.
Additionally, Themis Europe provides official complaint forms available to consumers, which they can request from Themis Europe at any time using the contact details provided at the beginning of these Terms (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between Themis Europe and the User as a consumer, the User can seek an out-of-court dispute resolution according to Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.
11. Governing law and jurisdiction
Contracts for the purchase of products through the Website will be governed by Spanish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Spain.